[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88288-88289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2023-2371; Airspace Docket No. 22-ANM-42]
RIN 2120-AA66


Establishment of Restricted Area R-4601 in the Vicinity of 
Townsend, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish restricted area R-4601 in 
the vicinity of Townsend, MT. The new restricted area would provide the 
Montana Army National Guard (MTARNG) and the 40th Helicopter Squadron 
with the ability to conduct aerial gunnery training.

DATES: Comments must be received on or before February 5, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2371 and 
Airspace Docket No. 22-ANM-42 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in subtitle VII, part A, subpart I, section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it would establish restricted area airspace over the 
MTARNG Limestone Hills Training Area near Townsend, MT.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal

[[Page 88289]]

information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). An informal docket may also be examined during 
normal business hours at the office of the Western Service Center, 
Operations Support Group, Federal Aviation Administration, 2200 South 
216th St., Des Moines, WA 98198.

Background

    The MTARNG submitted a proposal to the FAA to establish a new 
restricted area, R-4601, over the Limestone Hills Training Area (LHTA) 
near Townsend, MT, to support aerial gunnery training requirements. 
Currently, the LHTA consists of multiple surface-to-surface live-fire 
weapons ranges that are contained within a Controlled Firing Area 
(CFA); however aerial gunnery live-fire is not authorized within a CFA. 
Hazardous activities, such as aerial gunnery, are required to be 
contained within a restricted area. Restricted areas are designated 
pursuant to 14 CFR part 73 rulemaking procedures to contain activities 
that may present a hazard to nonparticipating aircraft.
    The proposed restricted area would provide a training capability to 
the MTARNG in preparation for combat deployments and also the 40th 
Helicopter Squadron located at Malmstrom Air Force Base (AFB) in 
support of security operations.
    The United States Air Force's Global Strike Command (AFGSC) is 
tasked to provide armed helicopters in support of Malmstrom AFB missile 
field security operations. These helicopter units require an aerial 
gunnery range within one flight duty period (FDP) of their permanent 
bases to effectively and efficiently qualify and remain proficient in 
aerial gunnery operations. The LHTA is the only existing facility 
within one FDP with the possibility to support this training 
requirement. LHTA is located approximately 75 nautical miles from 
Malmstrom AFB.
    The MTARNG aviation rotary wing assets would utilize the proposed 
restricted area to conduct day and night aerial gunnery training on an 
annual basis at a minimum, to increase and maintain their operational 
readiness. The MTARNG aviation units would schedule the proposed 
restricted area for approximately 40 training events (20 days, 20 
nights) per year with each training event lasting over a six-hour 
period of time.
    The 40th Helicopter Squadron is tasked with ensuring strategic 
security for Malmstrom AFB by providing flexible, rapid-response 
helicopter airlift and security support to the 341st Missile Wing. The 
40th Helicopter Squadron would schedule the proposed restricted area 
for approximately 60 aerial training events (30 days, 30 nights) per 
year with each training event lasting over a four-to-six-hour period of 
time.
    The use of the proposed restricted area could vary due to weather, 
unit requirements, or scheduling conflicts.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish R-
4601 over the Limestone Hills Training Area in the vicinity of 
Townsend, MT. This action would be used to contain hazardous aerial 
gunnery activities. The proposed restricted area is described below.
    R-4601: The proposed restricted area would extend upward from the 
surface of the ground to 9,000 Mean Sea Level (MSL). The restricted 
area would be located approximately four miles west of the Townsend 
Airport, MT (8U8) and extend approximately eight miles to the 
southwest. The restricted area would be activated by a Notice to Air 
Missions (NOTAM) to inform nonparticipants when the proposed restricted 
area is active. During periods when the restricted area airspace is not 
needed by the using agency for its designated purpose, the airspace 
will be returned to the controlling agency for access by other National 
Airspace System users. The controlling agency for this proposed 
restricted area would be the Salt Lake City Air Route Traffic Control 
Center.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for 14 CFR part 73 continues to read as 
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  73.46  Montana (MT) [New]

0
2. Section 73.46 is amended as follows:

R-4601 Townsend, MT [New]

    Boundaries. Beginning at lat. 46[deg]19'12'' N, long. 
111[deg]38'00'' W; to lat. 46[deg]20'10'' N, long. 111[deg]34'00'' 
W; to lat. 46[deg]17'30'' N, long. 111[deg]32'10'' W; to lat. 
46[deg]13'30'' N, long. 111[deg]32'10'' W; to lat. 46[deg]13'30'' N, 
long. 111[deg]38'00'' W; to the point of beginning.
    Designated altitudes. Surface to 9,000 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Salt Lake City ARTCC.
    Using agency. U.S. Army, Montana Army National Guard, Joint 
Forces Headquarters, Fort Harrison, MT.
* * * * *

    Issued in Washington, DC, on December 15, 2023.
Brian Konie,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-28030 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P